The weekly sentinel. [volume] (Winston-Salem, N.C.) 1886-1887, 1887-02-24
AN OLD-TIME DUEL.
JACKSON's EXCHANGE
OF SHOTS WITH

OF SHOTS WITH
Waightstin Avery-rhe Result Of a
Joke.-Comic Incident to Which
"OId Hickory Would Not Allude,
A New Berne { N. c. letter to the
Philadelphia Times says: James Par
ton, in his biography of Andrew Jack
son, makes mention of a duel fought
by General jackson with Waightstill
Avery at Jonesboro, Tenn, in the last
century. His account, however, is
very meagre, and does not accord
with the version of the affair as told
by defendants and relatives of Col.
Avery, many of whom still live in
Burke county, N. G.
In a foot note to page 1852, chapter
IA, Volumn l., Parton says "There
was comic incident connected with
this duel that General jackson would
not tell. A gentleman once mention
ed the duel to him, Who told you
about it ? asked the President, laugh
ingly. General Adair.' Did he tell
you what happened on the ground? p
No We'll, then I shan't' replied
the General still laughing"
The "comic incident" to which
General jackson alluded, and which
he refused to relate, is what is under
stood to have caused the duel, end is
said never to have been made public
What it was and how it occurred has
been related to me several times as
follows:
JACKsON's MIsCHIEvoUs TRICK.
In August, 1888, Colonel Waight-
still Avery and Andrew jackson were
attending court in Jonesboro', in what
is now East Tennessee. At that time
Tennessee was still a part of North
Carolina, and Jonesboro was the seat
of one of the three district courts held
for the then Western district of
North Carolina. The town is now the
county seat of Washington county,
Tenn. Jackson had but recently been
called to the bar at the time of the
duel, and was about twenty-one years
of age. Colonel Avery was much old
er. The two gentlemen were opposing
counsel in case under trial, in which
jackson, it is said, felt that he had
but little chance for success. In d
spirit of mischief probably, he deter
mined to ATTEMPT a little diversion
rather unusual in a court of law.
Colonel Avery sometimes rode the
circuit Of his courts-which embraced
most of Western North Carolina and a
portion of East Tennessee horse
back, carrying in pair of capacious
saddle bags such articles as were nee
essary to his more immediate wants
One thing always carried therein was
a copy of Bacon's Arrangement" one
of the standard law books of those
days. jackson was aware that Col
Avery was IN the habit of carrying
this book, and on the day for trial,
before their case was called, he went
to Col. Avery's saddle bags, took out
the copy OF Bacon's "Abridgement," ;"
and substituted for it a piece of bacon
of about the same size, wrapping it up
as the book had been to prevent sus-
picson. In the course of the trial
Col. Avery had occasion to quote an
authority, sent for his book. The
package was brought to him, and when
unwrapped, 10, a Glitch Of bacon"
stood revealed to Court and Jury
Avery was man Of great dignity
of character and bearing, who could
i'll brook liberty of any kind, least
of all an attempt to make him appear
ridiculous. Turning to Jackson, he
charged him with what had been
done and denounced him for his act
in most unmeasured terms. Jackson
was stung to the quick but apparently
controlled himself sufficiently not to
attract attention to what he did in re-
sponse to the rebuke. Tearing a fly
leaf from law book he wrote chal-
lenge which, unobserved, he passed
across the table to Col Avery, and
which was promptly accepted. The
following IS an exact copy OF the origi-
nal challenge which is still in the pos
session Of member of the Avery fam
lily, and from the working Of its first
sentence another communication
would seem to have proceeded it:
"AUGUsr f2th 1888.
"Sir When a mans feelings q char
acter are injured he ought to seek a
speedy redress; you reed few lines
from me yesterday u undoubtedly
you understand me My character you
have Injured and father you have
Insulted me in the presence Of court
and larg audience | therefore call up
on you as gentleman to give me sat
isfaction for the same; and l further
call upon you to give me an answer
Immediately without Equibocation
and l hope you ",st 10 it, 3ut Il "a,
until the business done; for it is con-
sistent with the character Of a gentle
man when he InjuIes aman to make a
speedy reparation, therefore 1 hope
you will not fail in meeting me this